Standby Guardian Designation
The Indiana legislature has created a process for designating a “standby guardian.” The goal of a standby guardian is to prevent any gap between the point of incapacity or death and the point at which the Court actually appoints a guardian for minor children. A standby guardian will temporarily care for the minor children if the parents become incapacitated or die. Parents can designate a standby guardian by signing a properly drafted document in the presence of a notary. The designation becomes effective upon the parents’ death or incapacity. It lasts for ninety days.
In its recent amendment, Senate Bill 371 specifies that a Court must consider a standby guardian designation when appointing a guardian. However, for purposes of a guardianship appointment, a person designated as a standby guardian is second in priority to a person designated in a durable Power of Attorney. Learn more about guardianships from our other articles: